BILL NUMBER: AB 2754	CHAPTERED  09/21/00

	CHAPTER   567
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   MAY 16, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   APRIL 6, 2000

INTRODUCED BY   Assembly Member House
   (Principal coauthor:  Assembly Member Strom-Martin)

                        FEBRUARY 25, 2000

   An act to amend Sections 31108, 31752, 31753, and 31754 of, and to
add Sections 31108.5 and 31752.2 to, the Food and Agricultural Code,
relating to stray animals.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2754, House.  Stray animals.
   (1) Existing law provides that the required holding period for a
stray dog or cat impounded by a pound or shelter shall be 6 business
days, except that under specified circumstances the holding period
shall be 4 business days.  Existing law provides that stray animals
shall be held for owner redemption during the first 3 days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period.  Existing law provides that any stray animal that is
impounded shall, prior to the killing of that animal for any reason
other than irremediable suffering, be released to a nonprofit animal
rescue or adoption organization if requested by the organization
prior to the scheduled killing of that animal.  Existing law provides
that in addition to any required spay or neuter deposit, the pound
or shelter, at its discretion, may assess a fee, not to exceed the
standard adoption fee, for animals released.  A violation of these
provisions is an infraction, punishable as specified.
   This bill would revise the above provisions to instead provide
that, except as specified, the holding period would be 6 business
days, not counting the day of impoundment, that any stray dog or cat
that is impounded shall, prior to the euthanasia of the dog or cat,
be released to a nonprofit animal rescue or adoption organization if
requested by the organization prior to the scheduled euthanasia of
that animal, and that in addition to any required spay or neuter
deposit, the public or private shelter, at its discretion, may assess
a fee, not to exceed the standard adoption fee, for animals adopted
or released.  The bill would require a person, upon relinquishing a
dog or cat to a pound or shelter, to sign a statement that he or she
is the lawful owner. Providing false information would make the
person liable to the true owner in the amount of a fine of $1,000.
The bill would make conforming changes to a related provision
involving other specified animals.  By revising existing and creating
new crimes, this bill would impose a state-mandated local program
upon local governments.
   (2) Existing law provides that any animal relinquished by the
purported owner that is of a species impounded by pounds or shelters
shall be held for 2 full business days, not including the date of
impoundment.  Existing law provides that the animal shall be
available for owner redemption for the first day, not including the
date of impoundment; shall be available for owner redemption or
adoption for the 2nd day; and after the 2nd required day, the animal
may be held longer, killed, or relinquished to a nonprofit animal
adoption organization, as defined in the Internal Revenue Code.
Existing law provides that these provisions shall become inoperative
on July 1, 2001, and shall be repealed as of January 1, 2002.  A
violation of any of these provisions is an infraction, punishable as
specified.
   This bill would extend the operation of these provisions until
July 1, 2002, and, thereafter, would instead provide that, except as
specified, the holding period would be 6 business days, not counting
the day of impoundment, and that any animal relinquished by the
purported owner that is of a species impounded by public or private
shelters shall be available for owner redemption or adoption during
the entire holding period, and after the holding period, the animal
may be adopted by a new owner, held longer, euthanized, or released
to a nonprofit animal adoption organization.  The bill would
authorize these shelters to enter into cooperative agreements with
any animal rescue or adoption organization.  By revising existing
crimes, this bill would impose a state-mandated local program upon
local governments.
   (3) This bill would incorporate additional changes in Section
31754 proposed by AB 1786, to be operative if AB 1786 and this bill
are both enacted and become effective on or before January 1, 2001,
and this bill is enacted last.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 31108 of the Food and Agricultural Code is
amended to read:
   31108.  (a) The required holding period for a stray dog impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
   (1) If the public or private shelter has made the dog available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the day of impoundment.
   (2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their dogs by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
   Except as provided in Section 17006, stray dogs shall be held for
owner redemption during the first three days of the holding period,
not including the day of impoundment, and shall be available for
owner redemption or adoption for the remainder of the holding period.

   (b) Except as provided in Section 17006, any stray dog that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal.  The public or private shelter may enter
into cooperative agreements with any animal rescue or adoption
organization.  In addition to any required spay or neuter deposit,
the public or private shelter, at its discretion, may assess a fee,
not to exceed the standard adoption fee, for animals adopted or
released.
   (c) During the holding period required by this section and prior
to the adoption or euthanasia of a dog impounded pursuant to this
division, a public or private shelter shall scan the dog for a
microchip that identifies the owner of that dog and shall make
reasonable efforts to contact the owner and notify him or her that
his or her dog is impounded and is available for redemption.
  SEC. 2.  Section 31108.5 is added to the Food and Agricultural
Code, to read:
   31108.5.  (a) (1) Upon relinquishment of a dog to a public or
private shelter, the owner of that dog shall present sufficient
identification to establish his or her ownership of the dog and shall
sign a statement that he or she is the lawful owner of the dog.
   (2) Any person who provides false information pursuant to this
subdivision about his or her ownership of the dog shall be liable to
the true owner of the dog in the amount of one thousand dollars
($1,000).
   (b) Upon relinquishment, the dog may be made available for
immediate euthanasia if it has a history of vicious or dangerous
behavior documented by the agency charged with enforcing state and
local animal laws.
  SEC. 3.  Section 31752 of the Food and Agricultural Code is amended
to read:
   31752.  (a) The required holding period for a stray cat impounded
pursuant to this division shall be six business days, not including
the day of impoundment, except as follows:
   (1) If the public or private shelter has made the cat available
for owner redemption on one weekday evening until at least 7:00 p.m.
or one weekend day, the holding period shall be four business days,
not including the day of impoundment.
   (2) If the public or private shelter has fewer than three
full-time employees or is not open during all regular weekday
business hours, and if it has established a procedure to enable
owners to reclaim their cats by appointment at a mutually agreeable
time when the public or private shelter would otherwise be closed,
the holding period shall be four business days, not including the day
of impoundment.
   Except as provided in Sections 17006 and 31752.5, stray cats shall
be held for owner redemption during the first three days of the
holding period, not including the day of impoundment, and shall be
available for owner redemption or adoption for the remainder of the
holding period.
   (b) Except as provided in Section 17006, any stray cat that is
impounded pursuant to this division shall, prior to the euthanasia of
that animal, be released to a nonprofit, as defined in Section 501
(c)(3) of the Internal Revenue Code, animal rescue or adoption
organization if requested by the organization prior to the scheduled
euthanasia of that animal.  In addition to any required spay or
neuter deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
adopted or released.  The public or private shelter may enter into
cooperative agreements with any animal rescue or adoption
organization.
   (c) During the holding period required by this section and prior
to the adoption or euthanasia of a cat impounded pursuant to this
division, a public or private shelter shall scan the cat for a
microchip that identifies the owner of that cat and shall make
reasonable efforts to contact the owner and notify him or her that
his or her cat is impounded and is available for redemption.
  SEC. 4.  Section 31752.2 is added to the Food and Agricultural
Code, to read:
   31752.2.  (a) Upon relinquishment of a cat to a public or private
shelter, the owner of that cat shall present sufficient
identification to establish his or her ownership of the cat and shall
sign a statement that he or she is the lawful owner of the cat.
   (b) Any person who provides false information pursuant to this
subdivision about his or her ownership of the cat shall be liable to
the true owner of the cat in the amount of one thousand dollars
($1,000).
  SEC. 5.  Section 31753 of the Food and Agricultural Code is amended
to read:
   31753.  Any rabbit, guinea pig, hamster, potbellied pig, bird,
lizard, snake, turtle, or tortoise that is legally allowed as
personal property and that is impounded in a public or private
shelter shall be held for the same period of time, under the same
requirements of care, and with the same opportunities for redemption
and adoption by new owners or nonprofit, as defined in Section 501(c)
(3) of the Internal Revenue Code, animal rescue or adoption
organizations as provided for cats and dogs.  Section 17006 shall
also apply to these animals.  In addition to any required spay or
neuter deposit, the public or private shelter, at its discretion, may
assess a fee, not to exceed the standard adoption fee, for animals
adopted by new owners or released to nonprofit animal rescue or
adoption organizations pursuant to this section.
  SEC. 6.  Section 31754 of the Food and Agricultural Code, as added
by Section 16 of Chapter 752 of the Statutes of 1998, is amended to
read:
   31754.  (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be available for adoption or owner
redemption for two full business days, not including the day of
impoundment.  After the holding period, the animal may be adopted by
a new owner, held longer, euthanized, or released to a nonprofit, as
defined in Section 501(c)(3) of the Internal Revenue Code, animal
adoption organization under the same conditions and circumstances
provided for stray dogs and cats in Sections 31108 and 31752.
   (b) This section shall become operative on July 1, 1999.  This
section shall become inoperative on July 1, 2002, and, as of January
1, 2003, is repealed, unless a later enacted statute that is enacted
before January 1, 2003, deletes or extends the dates on which it
becomes inoperative and is repealed.
  SEC. 6.5.  Section 31754 of the Food and Agricultural Code is
amended to read:
   31754.  (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be  available for adoption or owner
redemption for two full business days, not including the day of
impoundment.    After the holding period, the animal may be adopted
by a new owner, held longer, euthanized, or released to a nonprofit,
as defined in Section 501(c)(3) of the Internal Revenue Code, animal
adoption organization under the same conditions and circumstances
provided for stray dogs and cats in Sections 31108 and 31752.
   (b) Notwithstanding subdivision (a), kittens or puppies
relinquished by the purported owner, or brought in by any other
person with authority to relinquish them, to public or private
shelters, may be available immediately for adoption.
   (c) This section shall become operative on July 1, 1999.  This
section shall become inoperative on July 1, 2002, and, as of January
1, 2003, is repealed, unless a later enacted statute that is enacted
before January 1,  2003, deletes or extends the dates on which it
becomes inoperative and is repealed.
  SEC. 7.  Section 31754 of the Food and Agricultural Code, as added
by Section 16.5 of Chapter 752 of the Statutes of 1998, is amended to
read:
   31754.  (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be held for the same holding
periods, with the same requirements of care, applicable to stray dogs
and cats in Sections 31108 and 31752, and shall be available for
owner redemption or adoption for the entire holding period.
   (b) This section shall become operative on July 1, 2002.
  SEC. 7.5.  Section 31754 of the Food and Agricultural Code is
amended to read:
   31754.  (a) Except as provided in Section 17006, any animal
relinquished by the purported owner that is of a species impounded by
public or private shelters shall be held for the same holding
periods, with the same requirements of care, applicable to stray dogs
and cats in Sections 31108 and  31752, and shall be available for
owner redemption or adoption  for the entire holding period.
   (b) Notwithstanding subdivision (a), kittens or puppies
relinquished by the purported owner, or brought in by any other
person with authority to relinquish them, to public or private
shelters, may be available immediately for adoption.
   (c) This section shall become operative on July 1, 2002.
  SEC. 8.  Section 6.5 of this bill incorporates amendments to
Section 31754 of the Penal Code, as added by Section 16 of Chapter
752 of the Statutes of 1998, proposed by both this bill and AB 1786.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2001, (2) each bill amends
Section 31754 of the Penal Code, and (3) this bill is enacted after
AB 1786, in which case Section 6 of this bill shall not become
operative.
  SEC. 9.  Section 7.5 of this bill incorporates amendments to
Section 31754 of the Penal Code, as added by Section 16.5 of Chapter
752 of the Statutes of 1998, proposed by both this bill and AB 1786.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2001, (2) each bill amends
Section 31754 of the Penal Code, and (3) this bill is enacted after
AB 1786, in which case Section 7 of this bill shall not become
operative.
  SEC. 10.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
